Taggar v. Holder, Jr., No. 09-71529 (9th Cir. 2013)
Annotate this CasePetitioner sought review of the BIA's final order of removal. The court concluded that neither the IJ nor the BIA abused their discretion in holding that petitioner had waived her application for relief and protection where she did not file her application for relief by the extended due date for her applications set by the IJ. Further, petitioner abandoned her application for a waiver of inadmissibility under 8 U.S.C. 1227(a)(1)(H) and she was ineligible for such a waiver where she was being deported because she was convicted of falsifying documents, not because she was inadmissible at entry. Accordingly, the court denied the petition for review.
Court Description: Immigration. The panel denied Pritam Taggar’s petition for review of the Board of Immigration Appeals’ decision finding that she waived and abandoned her applications for relief, and that she was ineligible for a waiver of removability or inadmissibility. The panel held that the standard of review applicable to an Immigration Judge’s decision deeming an application waived for failure to adhere to deadlines under 8 C.F.R. § 1003.31 is abuse of discretion. The panel held that a deadline may lawfully be imposed upon an application for relief under the Convention Against Torture, and that in this case neither the IJ nor the Board abused discretion in holding that Taggar waived her applications. The panel also held that Taggar is not an inadmissible alien eligible for a waiver under 8 U.S.C. § 1227(a)(1)(H), because her charge of removability is not waivable by that section, and because she was being deported based on her conviction for falsifying documents, not because she was inadmissible at entry.
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